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September 10, 2019

The Morning Report - 9/10/19

tigartoam.jpg

Good morning, kids. Immigration and the lawless tyranny of the rogue judiciary tops the news. Even after winning a decision that overturned the Flores decision in of all places the 9th Circuit, a hack-in-black by the name of Jon Tigar in Oakland has blocked the Trump Administration's asylum reform on a national level. So, because of this lawless thug with a JD, the authorities everywhere cannot tell a border jumper from Central America seeking asylum here that they have to seek it in the country they first stepped into.

AG Barr ripped into these local judges' power grabs last week in the Wall Street Journal:

... Under Article III of the Constitution, courts are supposed to apply the law to the parties before them - not to thousands or millions of third parties. The Framers rejected the idea that the courts should act as a "council of revision" with sweeping authority to reach beyond concrete controversies and rule on the legality of actions taken by the political branches. Moreover, the power of federal courts to issue injunctions derives from English practice, which allowed courts to restrain a defendant to the extent necessary to protect the rights of the plaintiffs in the case. Nationwide injunctions are a modern invention with no basis in the Constitution or common law.

Nationwide injunctions are also inconsistent with the mechanism the law recognizes to provide relief to nonparties: a class action, in which class members are bound by the result, win or lose, unless they opt out. Nationwide injunctions, by contrast, create an unfair, one-way system in which the democratically accountable government must fend off case after case to put its policy into effect, while those challenging the policy need only find a single sympathetic judge...

And that right there is the crux of the biscuit. As messed up and divided as this nation is, the Democrat-Left still relies on the extra-legislative fixers in a judiciary filled with their fellow travelers to advance their policy aims when they cannot do it via the ballot box or regular legislative order. I mean, look what they had to do to pass Obamacare in the first place and then how Chief Justice Julia Roberts blatantly rewrote the thing in his chambers to make it kosher. Now you can see why the Democrat-Left goes utterly apeshit even in the appointment of lower court judges, let alone the SCOTUS, of anyone who remotely hints that he or she will actually defend the Constitution and its principles as written first and above all other considerations.

This is why I get totally nutsy-fagin whenever I hear anyone talk about the need to have "balance" on the court. Um, no. It's not a "living and breathing" document that changes with the times. It is the gold standard by which laws and elected officials must measure up. It is there to preserve our eternal G-d-given rights, despite changing times, tastes and attitudes. But what the hell do I know, right?

In any case, the administration is once again going to have to take this thing all the way up to SCOTUS while a monkey wrench is thrown into the works and chaos continues to ensue... which is exactly how the Left likes it. Frankly, I am sick and tired of us and this President having to genuflect to a branch of government to hope it redresses an illegal power-grab committed by one of its own. If I were President, I'd have my Office of Legal Counsel and the AG issue a communique citing the Ninth's previous decision and telling Jon Tigar "LOL, Get Fucked!" but in legalese. Meh, phrase it as written.

Anyway, links from around the world, across the nation and up your street. Have a better one and remain blessed.

NOTE: The opinions expressed in some links may or may not reflect my own. I include them because of their relevance to the discussion of a particular issue.

ALSO: The Morning Report is cross-posted at CutJibNewsletter.com

Follow us on Twitter: @CutJibNews


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posted by J.J. Sefton at 07:29 AM

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